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AF | BCMR | CY2000 | 9903176
Original file (9903176.doc) Auto-classification: Approved

                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  99-03176
            INDEX CODE:  121.03
            COUNSEL:  NONE

            HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

Thirteen (13) days of leave be restored.

_________________________________________________________________

APPLICANT CONTENDS THAT:

The reasons the applicant believes the  records  to  be  in  error  or
unjust and the evidence submitted in  support  of  the  appeal  is  at
Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The relevant facts pertaining to this application, extracted from  the
applicant's military records, are contained in the letter prepared  by
the appropriate office of the Air Force.   Accordingly,  there  is  no
need to recite these facts in this Record of Proceedings.

_________________________________________________________________

AIR FORCE EVALUATION:

The  Chief,  Field  Operations  Branch,   AFPC/DPSFM,   reviewed   the
application and states that the applicant had  73  days  on         30
September 1999 and lost 13 days on 1 October 1999 because under 10 USC
701 a member cannot carry more than 60 days into the next fiscal year.
 According to statements  from  the  first  sergeant  at     AFB,  the
applicant was not authorized to take leave en  route  from  the     to
AFB nor was he able to take leave while in training  at     AFB.   The
applicant  failed  to  respond  to  their   request   for   additional
information for leave policies for trainees at the    and  at     AFB.
In this case, they cannot support  granting  relief  due  to  lack  of
documentation to  support  his  request.   Therefore,  they  recommend
denial of applicant’s request.

A complete copy of the Air Force evaluation is attached at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 7 April 2000, a complete copy  of  the  Air  Force  evaluation  was
forwarded to the applicant for review and response within 30 days.  As
of this date, no response has been received by this office.

_________________________________________________________________

THE BOARD CONCLUDES THAT:

1.    The applicant has exhausted all remedies  provided  by  existing
law or regulations.

2.    The application was timely filed.

3.    Sufficient relevant evidence has been presented  to  demonstrate
the existence of probable error or  injustice.   After  reviewing  the
evidence of record, we are convinced that the applicant was unable  to
take leave  before  starting  the  Phase  III  Involuntary  Retraining
Program at the    due to a short-notice change of assignment to  start
training.  In view of the foregoing, and in an effort  to  offset  any
possibility of an injustice, we believe that  thirteen  (13)  days  of
leave should be added to his leave balance commencing 1 October 2000.

_________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the  Department  of  the  Air  Force
relating to APPLICANT, be corrected to show that thirteen (13) days of
leave were added to his leave  balance  commencing          1  October
2000.

_________________________________________________________________

The following members of the  Board  considered  this  application  in
Executive Session on 13 July 2000, under the  provisions  of  AFI  36-
2603:

              Ms. Charlene M. Bradley, Panel Chair
              Ms. Marcia J. Bachman, Member
              Mr. Steven A. Shaw, Member

All members  voted  to  correct  the  records,  as  recommended.   The
following documentary evidence was considered:

   Exhibit A.  DD Form 149, dated 19 Nov 99, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, AFPC/DPSFM, dated 24 Mar 00.
   Exhibit D.  Letter, AFBCMR, dated 7 Apr 00.




                                   CHARLENE M. BRADLEY
                                   Panel Chair







AFBCMR 99-03176
INDEX CODE:  121.03



MEMORANDUM FOR THE CHIEF OF STAFF

      Having received and considered the recommendation of the Air
Force Board for Correction of Military Records and under the authority
of Section 1552, Title 10, United States Code (70A Stat 116), it is
directed that:

      The pertinent military records of the Department of the Air
Force relating to, be corrected to show that thirteen (13) days of
leave were added to his leave balance commencing 1 October 2000.






       JOE G. LINEBERGER

       Director

       Air Force Review Boards Agency

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